Bellefonte council directs staff to draft updates to 1970 air pollution ordinance

Dave (speaker identified in the transcript) briefed council that Bellefonte's air pollution ordinance dates to December 1970 and that federal and state developments — notably the Federal Clean Air Act and the Pennsylvania Air Pollution Control Act — have superseded many provisions. He said the ordinance originally required appointment of an Air Pollution Control Board, but that board has not been appointed for many years.

"About 90 to 95% of the language in the ordinance is either unenforceable by virtue of it being superseded or preempted by state and federal law," Dave said, and outlined three Committee options: repeal the ordinance entirely, maintain it and appoint the Air Pollution Control Board, or revise it to preserve nuisance‑related regulations (open burning, fugitive dust, odor‑causing nuisances, smoke plumes) that are not preempted.

Council members discussed specific local examples, including particulate deposits residents said persist on vehicles in certain wards and concern about odors from incinerators or crematorium operations. A council member noted that the borough's property maintenance code already contains provisions related to recreational fires. The environmental committee recommended staff revise the ordinance to retain feasible nuisance controls and remove archaic or preempted language.

Council voted to direct staff to prepare amendments to the Air Pollution Ordinance so revised language could be drafted for future council consideration. No regulatory board appointments or new enforcement regimes were established at this meeting; council asked staff to return with draft ordinance language and options.

Next steps: staff will draft proposed revisions for council review that aim to preserve locally enforceable nuisance regulations while removing provisions preempted by state or federal law.